Effective Date: March 13, 2018
Welcome to the Adventure.Works website (the “Website”), operated by Adventure Works L.L.C. (hereinafter, the “Company”, “we”, or “us”). Here you will find our terms and conditions for use of the Website, (“terms and conditions”). The purpose of these terms and conditions is to assist our customers in understanding our Company’s policies, how this Website is to be used, and what our responsibilities to our visitors are.
By using this Website, you agree to comply with and be bound by the following terms and conditions of use of this site. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should exit this Website immediately.
Agreement. This Agreement, hereinafter “Agreement”, specifies the terms and conditions for access to and use of this site. This Agreement may be modified at any time by the Company upon posting of the modified agreement on the Website. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time listed on this page. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
Ownership. This Website is and shall continue to be the property of the Company and is protected under applicable copyright, patent, trademark, and other proprietary rights, as applicable. Any copying, redistribution, use or publication by you of any part of this Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in this site by or through your use of the site.
Site Use. The Company grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. Your use of this site is at the discretion of the Company and the Company may terminate your use of this site at any time in its sole discretion.
Compliance with laws. You agree to comply with all applicable laws regarding your use of this site. You further agree to provide truthful and accurate information when using this site.
Indemnification. You agree to indemnify, defend, and hold the Company, our partners, affiliates, and employees harmless from any liability, loss, claims, and expenses, including reasonable attorney’s fees, related to your violation of this Agreement or use of this site.
Disclaimer. Information on this site is provided on an “As Is” and “As Available” basis. You agree that your use of this site is at your own risk. The Company disclaims all of the following warranties, including but not limited to: Statutory Warranties, any Implied Warranties of: Merchantability, Fitness for a Particular Purpose or Use, and Non-Infringement. In no event shall the Company or its subsidiaries, or any of their shareholders, directors, officers, employees, or licensors be liable (jointly or severally) to you for personal injury or any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption, or any other commercial damages under any theory of liability arising out of or in connection with the use or performance of the Company’s service, our website, and user interfaces, and all contents and associated therewith or otherwise related to the Company’s services or goods purchased on the website, or otherwise. Furthermore, in no event will our total liability to you for all damages incurred exceed the total amount of your purchase from our site (other than as may be permitted by applicable law in personal injury cases). The foregoing limitations will apply even if the aforementioned remedy is deemed to fail. If any provision of these Terms and Conditions and/or the Disclaimer section is found to be unenforceable, the remaining sections will be held to be valid, only severing the unenforceable section leaving the remaining provisions valid and intact.
Notice for California Users. Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Limitation of Liability. Under no circumstances will the Company be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive) damages, under any legal theory arising out of or in any way relating to this site’s use or content, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with this site and/or its content is to immediately cease use. You may have additional rights under certain consumer laws which do not allow the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitation in this Agreement that directly conflict with such laws may not apply.
Copyrights and Copyright Agents. If you believe that your work has been copied and infringement may have occurred, please provide the following information to Company: 1) An authorized electronic or physical signature of the owner of the copyright interest; 2) A description of the copyrighted work you believe to be infringed; 3) A description of the location on our website where you believe the copyrighted work is being infringed; 4) The address, telephone, and email where you can be reached; 5) Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6) Your statement made under penalty of perjury that this notice is true and accurate, and you are the copyright owner or acting on the owner’s behalf. This Notice should be sent by email to [email protected]
Binding Arbitration of All Disputes; No Class Relief.
U.S. Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to Adventure Works’s intellectual property rights and certain statutory claims that, pursuant to applicable law, are not arbitrable, any dispute of any kind between you and Adventure Works arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis only and with no entitlement to class relief, unless otherwise prohibited by law. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the internet industry and shall follow California substantive law in adjudicating the dispute, except that this Section 8(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 8(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Adventure Works. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Adventure Works shall pay the costs and fees of JAMS and the arbitrator. Adventure Works agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or Terms of Service, then you and we agree to send a written notice to the other providing a reasonable description of the Section 8(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8(b). Your notice to us must be sent to us at [email protected] For a period of sixty (60) days from the date of receipt of notice from the other party, Adventure Works and you will engage in a dialogue to attempt to resolve the Section 8(b) Dispute, though nothing will require you or Adventure Works to resolve the Section 8(b) Dispute on terms either you or Adventure Works, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
Applicable Law. With the exception of Section 12 which will be construed in accordance with the FAA, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California.
Severability. If any provision of this Agreement shall be determined to be unenforceable or invalid, it shall be eliminated to the minimum extent necessary so that the remainder will otherwise have full force and effect.
Modification. Modifications may be made to this site occasionally and will take effect immediately upon becoming live on this Website. By using this site after modifications have been made, you agree to be bound by the changes of these Terms and Conditions.
Termination. The Company may terminate this Agreement at any time for any reason, with or without notice.
Contact Information. [email protected]